Why New Mexico Governor’s decision to ban carrying firearms in Albuquerque is being called unconstitutional

Amid a recent surge in gun violence, New Mexico Governor Michelle Lujan Grisham issued an emergency public health order suspending the right to carry firearms in public across Albuquerque and the surrounding county for a minimum of 30 days. This drastic measure follows a disturbing series of shootings, including the tragic death of an 11-year-old boy outside a minor league baseball stadium earlier this week.
Governor Grisham, a Democrat, acknowledged the likelihood of legal challenges to her decision but stressed that the escalating violence in the region compelled her to take action. However, her order has ignited a heated debate over constitutional rights and the legality of such a suspension.
The emergency order, classified as a public health measure, imposes restrictions on both open and concealed carry in most public places within the metropolitan Albuquerque area. It also includes city sidewalks and urban recreational parks. However, the ban does not apply to police officers and licensed security guards. Private citizens with permits are also permitted to carry firearms on private property, including gun ranges and gun stores.

Governor Grisham’s decision has faced staunch opposition from Republican state representatives. GOP State Representative Tanya Mirabal Moya expressed her discontent on social media, stating that the ban unfairly restricts the rights of law-abiding citizens and questioned its effectiveness in controlling criminals.
State Representative John Block went further, calling the order “impeachable” and arguing that it violates both state and federal constitutions, laws, and statutes. During a news conference, Governor Grisham acknowledged that the new restrictions would pose significant challenges and anticipated legal challenges against her administration’s order.